Bev & Tony stuck big time!! ** WON **

[fire fox]

I need some help wth the spreadsheet that adds the 8%. I have spent all week looking at it and really dont undrestand how to download it so I can use it. To be honest everything has gone brill up to now but not knowing how to use this and being unsure which is the best way to go to court ie on-line or paper, am afraid I may give up which I really cant afford to do.I have had some fab advice so far and need you friends out there to help me a bit further please. NatWest have offered me half of the 3k i am claiming and I have refused it as per the templated library. I have gone 5 days over the deadline I gave them before court action and need to move it on swiftly tonight/tomorrow. Please help me if you can.

[Solowka]

you`ll need M$ works or excell for the spreadsheet calculater to work, all you need to do is enter the date, amount and type of charge and it`ll do it all itself http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html - you just need to click on the version you wish to use.

 

As for paper or online, personally i went paper and would reccomend that to anyone as you can fit more onto the POC

[fire fox]

Thanks for that.Next question...do I use simple or advanced?? Also, where do I find the details I put in the particulars of the claim? Sorry but I'm just a 50 year old Catering Manager doing this for my other half and can never find my way back to the relevent pages on this site! Am so stressed it is reducing me to tears tonight because up to now everyhting has gone according to plan and it feels like its falling to bits now as I'm finding it all so hard to understand. It doesnt seem fair that because I'm a bit thick I cant see it through.

[Deller]

Its up to you which spreadsheet you use, depending on whether or not you're claiming contactual interest.

 

For your poc see the links below, one for the N1 form, the other for if you're filing your claim online.

 

Court N1 form

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

Mcol Particulars of Claim

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/34887-5-money-claim-line.html

[fire fox]

Hooray its all falling into place now. Thanks so much Deller. One last question can I just confirm that on the POC where it has a bit written in blue... I know you delete the blue bit but am I right in thinking that you dont put any figure at all there.?? I.e you delete the £ sign too??

[Deller]

No you only delete the blue part, where the £ sign is you need to enter the figure for the 8% interest you'll be claiming under section 69 of the County Courts Act 1984. Then the next figure will be your daily rate, you can work this out by taking your charges total and multiplying it by 0.00022.

 

For example: If your charges total is £2000, then the daily rate will be

 

2000 x 0.00022 = £0.44

[fire fox]

Oh no!!! The site was dowwn for a bit last nite and I hit send about 12.30. I have got two mistakes in my POC. Shall I ring this now to see if they can change it??? What have I done ???

[Deller]

Oh no!!! The site was dowwn for a bit last nite and I hit send about 12.30. I have got two mistakes in my POC. Shall I ring this now to see if they can change it??? What have I done ???

 

You could try phoning them or visiting the website to see if its not too late to change.

If it is too late then don't panic, you are able to make an amendment but it will cost you another £35 (unreclaimable). It would be better to to get it amended at this fairly early stage rather than having to do it later as this will make the whole process a lot longer.

The other option is to just not claim the 8%, but I personally would go for the whole lot.

 

Any more problems let me know.

[fire fox]

Hi Deller

Well after 10 ciggies and a near nervous breakdown...I rang the helpline and they said it couldnt be changed. But as I had done it so late last night they couldnt see it on the system. They told me they would pull it, send my payment back via money order and I was to start again with a new claim and another payment. That is what Im doing now. Looks like my Christmas shopping has been curtailed as I doubt I will get the original £120 back as soon as I would like. Hey ho, at least I am sane again. Thanks ever so much for your help.

[Deller]

That's great news Tony, I'm glad it didn't get too far before it was noticed. Apparantly it can get a wee bit stressful having to make an amendment....loads of forms and stuff. Just remember, in any of the next stages if your not totally sure about something just give us a shout and I'll try and advise you what should be done.

Hopefully it wont take too long to get that £120 back, its a lot of money, especially at this time of year.

 

Keep us posted Tony.

[fire fox]

Yes will do. I have been reading the site all night and noticed on "Innocent" thread that he mentioned preparing his folder for court. What would this contain as I probably need to do the same. Also, from reading a bit more I have got the MCOL address and will send my updated schedule of charges to them and ask them to attach it to my claim, is this correct? Should Natwest reigistered office get a copy too?

[Janet-M]

if you look in the libary there is a thread there called .. preparing for court

[fire fox]

Hi there

Is that the one titled "Basic Court bundle" about 40 pages long? Do I have to include all my statements relating to the claim? As it goes back 5 years that would be one hell of a lot of photocopying and a massive postage bill or am I misunderstanding?

[katesage]

Hi Tony

 

The basic court bundle is a lot of paper and preparation, BUT you don't even need to think about that at this stage. Only much later down the line if you get a court date, would you need to prepare the bundle.

 

Your case is highly likely to be settled way before that stage. I reclaimed a similiar amount to you and got my money at the beginning of November, despite being given a court date, I still did'nt have to prepare a court bundle.........so dont worry:) one step at a time.

[Deller]

Yes will do. I have been reading the site all night and noticed on "Innocent" thread that he mentioned preparing his folder for court. What would this contain as I probably need to do the same. Also, from reading a bit more I have got the MCOL address and will send my updated schedule of charges to them and ask them to attach it to my claim, is this correct? Should NatWest reigistered office get a copy too?

 

Probably no need at this stage as Nat West will probably now hand your claim over to Cobbetts (solicitors) for any future correspondance, this is normal for them.

 

Hi there

Is that the one titled "Basic Court bundle" about 40 pages long? Do I have to include all my statements relating to the claim? As it goes back 5 years that would be one hell of a lot of photocopying and a massive postage bill or am I misunderstanding?

 

Yes it is the one titled Court Bundle, don't let it worry you though because like Kate has stated, many people actually get court dates but still get settled before. No need to go printing it all off at this stage, well worth a read though!!

[fire fox]

Hi Deller, I have been off line for a few weeks as I have been in hospital. However, back to full fitness now and could do with more of the help you offered. Have received a copy of their defence and a request for furhter info & clarification from cobs today.The defence scares me as it is so full of legal jargon I fail to understand most of. They say they need a copy of my charges but I have already sent 3. It says I have to provide a response in accordance with CPR part 18 by 22/01/07. tThe request has 4 points I have to respnd to. Can you guide me a bit please ???

[The cobbett slayer]

Hi Tony

 

Glad you are well and back with us.

 

It's nothing to worry about. It might look a bit daunting but it isn't really.

 

You should find everything you need to know here http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html

 

If you have any problems with it just ask.

 

Paul

[fire fox]

Thanx Paul, Just read the info you provided and was about to type it up when another letter has arrived!!! Its moving the court to Crewe which is great but its also asking for another£100 (what is this for?) and an allocation questionaire. Any info that will help me will be much appreciated.

[The cobbett slayer]

Hi

 

This is normal and the £100 is the fee for the AQ. It will be added to your final settlement, it's just a pain in the bum having to pay it in the first place.

 

I'm not sure if I've missed something but I can't see how much your claim is for as the AQ itself and the completion of it varies according to which track your claim will normally be allocated to.

 

This should help http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

Paul

[fire fox]

Its for just over £3k and has been allocated to fast track. Just had another statement today and as I had gone overdrawn by 70p they have charged me £28!!!! It looks like another claim once this one is sorted. Thanks so much for the help.

[The cobbett slayer]

Tony

 

If you have only just got your AQ the case won't have been allocated yet and in any event it's under 5K so it should automatically go onto the small claims track.

 

What makes you think its been allocated to fast track?

[fire fox]

Hi there

I am doing ok at the moment with all your help but could do with some help on the AQ- Question G - other information. I have put that "it should last no longer than an hour" but after reading all the links etc I cant think what else to put here. Has anyone any advise for me please?

[fire fox]

Hi Slayer, only just found the reply you sent me on 11th Jan - Dont know what im doing wrong on this site!!! It was my error, ooops. Dont know why I said fast track?? I am about to send my AQ back with the £100, have you any advise on my question re other info on the form I have just posted? By the way excellent work today, well done.

[The cobbett slayer]

Hi Tony and thanks for the congrats.

 

As your claim is under 5k this is a useful tool in the Other Information section:

 

I am respectfully requesting that my claim be allocated to the small claims track.

 

This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

It keeps the pressure on them as Standard Disclosure at the stage you are at would include disclosure of actual costs.

Paul

[fire fox]

Great, thanks Paul. I notice from your diary of events that on 1st Nov the judge in your case allowed a "set aside" which Cobbetts had asked for. What is a set aside ?